[House Report 118-70]
[From the U.S. Government Publishing Office]


118th Congress }                                          { REPORT 
                        HOUSE OF REPRESENTATIVES
 1st Session   }                                          { 118-70

======================================================================
 
            NTIA POLICY AND CYBERSECURITY COORDINATION ACT

                                _______
                                

  May 18, 2023.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mrs. Rodgers of Washington, from the Committee on Energy and Commerce, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1345]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 1345) to amend the National Telecommunications 
and Information Administration Organization Act to establish 
the Office of Policy Development and Cybersecurity, and for 
other purposes, having considered the same, reports favorably 
thereon without amendment and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for Legislation..............................     2
Committee Action.................................................     2
Committee Votes..................................................     2
Oversight Findings and Recommendations...........................     4
New Budget Authority, Entitlement Authority, and Tax Expenditures     4
Congressional Budget Office Estimate.............................     4
Federal Mandates Statement.......................................     4
Statement of General Performance Goals and Objectives............     4
Duplication of Federal Programs..................................     4
Related Committee and Subcommittee Hearings......................     4
Committee Cost Estimate..........................................     5
Earmark, Limited Tax Benefits, and Limited Tariff Benefits.......     5
Advisory Committee Statement.....................................     5
Applicability to Legislative Branch..............................     5
Section-by-Section Analysis of the Legislation...................     5
Changes in Existing Law Made by the Bill, as Reported............     6

                          Purpose and Summary

    H.R. 1345, the ``NTIA Policy and Cybersecurity Coordination 
Act,'' establishes within the National Telecommunications and 
Information Administration (NTIA) the Office of Policy 
Development and Cybersecurity.

                  Background and Need for Legislation

    NTIA is required by statute to coordinate the 
telecommunications activities of the executive branch and 
assist in the formulation of policies for those activities, 
including security.\1\ Additionally, NTIA has the 
responsibility to ensure that the views of the executive branch 
on telecommunications matters are effectively presented to the 
Federal Communications Commission (FCC).\2\ Given the recent 
cyberattacks on telecommunications networks, H.R. 1345 augments 
NTIA's role in conducting important policy coordination 
functions with respect to cybersecurity and provides additional 
clarity in carrying out existing and future activities 
consistent with NTIA's authority.
---------------------------------------------------------------------------
    \1\47 U.S.C. 902(b)(2)(H).
    \2\47 U.S.C. 902(b)(2)(J).
---------------------------------------------------------------------------

                            Committee Action

    The Subcommittee on Communications and Technology held a 
hearing on April 21, 2021, entitled ``Leading the Wireless 
Future: Securing American Network Technology.'' The 
Subcommittee received testimony from:
           John Baker, Senior Vice President, Business 
        Development, Mavenir;
           John Mezzalingua, Chief Executive Officer, 
        JMA Wireless;
           Tim Donovan, Senior Vice President, 
        Legislative Affairs, Competitive Carriers Association;
           Tareq Amin, Executive Vice President and 
        Group Chief Technology Officer, Rakuten Mobile; and,
           Diane Rinaldo, Executive Director, Open RAN 
        Policy Coalition.
    The Subcommittee on Communications and Technology held a 
legislative hearing on June 30, 2021, entitled ``A Safe 
Wireless Future: Securing Our Networks and Supply Chains.'' The 
Subcommittee received testimony from:
           Dileep Srihari, Senior Policy Counsel, 
        Access Partnership;
           Dean Brenner, Senior Vice President, 
        Spectrum Strategy and Tech Policy, Qualcomm 
        Incorporated;
           Jason Boswell, Head of Security, Network 
        Product Solutions, Ericsson North America; and,
           Clete Johnson, Senior Fellow, Strategic 
        Technologies Program, Center for Strategic and 
        International Studies.
    On March 8, 2023, the Subcommittee on Communications and 
Technology met in open markup session and forwarded H.R. 1345, 
without amendment, to the full Committee by a record vote of 26 
yeas and 0 nays. On March 23, 2023, the full Committee on 
Energy and Commerce met in open markup session and ordered H.R. 
1345, without amendment, favorably reported to the House by a 
record vote of 44 yeas and 0 nays.

                            Committee Votes

    Clause 3(b) of rule XIII requires the Committee to list the 
record votes on the motion to report legislation and amendments 
thereto.
    The following reflects the record votes taken during the 
Committee consideration:


                 Oversight Findings and Recommendations

    Pursuant to clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII, the Committee held hearings and made findings that 
are reflected in this report.

             New Budget Authority, Entitlement Authority, 
                          and Tax Expenditures

    Pursuant to clause 3(c)(2) of rule XIII, the Committee 
finds that H.R. 1345 would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII, at the time this 
report was filed, the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974 was not available.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to 
establish within the National Telecommunications and 
Information Administration the Office of Policy Development and 
Cybersecurity.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 1345 is known to be duplicative of another Federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

              Related Committee and Subcommittee Hearings

    Pursuant to clause 3(c)(6) of rule XIII, the following 
related hearings were held:
    The Subcommittee on Communications and Technology held a 
hearing on April 21, 2021, entitled ``Leading the Wireless 
Future: Securing American Network Technology.'' The 
Subcommittee received testimony from:
           John Baker, Senior Vice President, Business 
        Development, Mavenir;
           John Mezzalingua, Chief Executive Officer, 
        JMA Wireless;
           Tim Donovan, Senior Vice President, 
        Legislative Affairs, Competitive Carriers Association;
           Tareq Amin, Executive Vice President and 
        Group Chief Technology Officer, Rakuten Mobile; and,
           Diane Rinaldo, Executive Director, Open RAN 
        Policy Coalition.
    The Subcommittee on Communications and Technology held a 
legislative hearing on June 30, 2021, entitled ``A Safe 
Wireless Future: Securing Our Networks and Supply Chains.'' The 
Subcommittee received testimony from:
           Dileep Srihari, Senior Policy Counsel, 
        Access Partnership;
           Dean Brenner, Senior Vice President, 
        Spectrum Strategy and Tech Policy, Qualcomm 
        Incorporated;
           Jason Boswell, Head of Security, Network 
        Product Solutions, Ericsson North America; and,
           Clete Johnson, Senior Fellow, Strategic 
        Technologies Program, Center for Strategic and 
        International Studies.

                        Committee Cost Estimate

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974. At the time this report was 
filed, the estimate was not available.

       Earmark, Limited Tax Benefits, and Limited Tariff Benefits

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 1345 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    Section 1 designates that the short title may be cited as 
the ``NTIA Policy and Cybersecurity Coordination Act.''

Sec. 2. Policy Development and Cybersecurity

    This section establishes the Office of Policy Development 
and Cybersecurity within the National Telecommunications and 
Information Administration. The Office is headed by an 
Associate Administrator who reports to the Assistant Secretary 
of Commerce for Communications and Information.
    The Office will oversee and conduct national communications 
and information policy analysis with respect to the use of the 
Internet and other communications technologies. In particular, 
the Office will develop, analyze, and advocate for market-based 
policies that promote innovation and competition, among other 
matters. The Office will also coordinate transparent, 
consensus-based, multistakeholder processes to create guidance 
or support the development and implementation of cybersecurity 
and privacy policies with respect to the Internet and other 
communications networks. Additionally, the Office will be 
responsible for administering the program for preventing future 
vulnerabilities established under section 8(a) of the Secure 
and Trusted Communications Networks Act of 2019.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION ORGANIZATION 
                                  ACT




           *       *       *       *       *       *       *
  TITLE I--NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION

PART A--ORGANIZATION AND FUNCTIONS

           *       *       *       *       *       *       *


SEC. 106. OFFICE OF POLICY DEVELOPMENT AND CYBERSECURITY.

  (a) Establishment.--There shall be within the NTIA an office 
to be known as the Office of Policy Development and 
Cybersecurity (in this section referred to as the ``Office'').
  (b) Associate Administrator.--The head of the Office shall be 
an Associate Administrator for Policy Development and 
Cybersecurity (in this section referred to as the ``Associate 
Administrator''), who shall report to the Assistant Secretary.
  (c) Duties.--
          (1) In general.--The Associate Administrator shall 
        oversee and conduct national communications and 
        information policy analysis and development for the 
        internet and communications technologies.
          (2) Particular duties.--In carrying out paragraph 
        (1), the Associate Administrator shall--
                  (A) develop, analyze, and advocate for 
                market-based policies that promote innovation, 
                competition, consumer access, digital 
                inclusion, workforce development, and economic 
                growth in the communications, media, and 
                technology markets;
                  (B) conduct studies, as delegated by the 
                Assistant Secretary or required by Congress, on 
                how individuals in the United States access and 
                use the internet, wireline and wireless 
                telephony, mass media, other digital services, 
                and video services;
                  (C) coordinate transparent, consensus-based, 
                multistakeholder processes to create guidance 
                for and to support the development and 
                implementation of cybersecurity and privacy 
                policies with respect to the internet and other 
                communications networks;
                  (D) promote increased collaboration between 
                security researchers and providers of 
                communications services and software system 
                developers;
                  (E) perform such duties as the Assistant 
                Secretary considers appropriate relating to the 
                program for preventing future vulnerabilities 
                established under section 8(a) of the Secure 
                and Trusted Communications Networks Act of 2019 
                (47 U.S.C. 1607(a));
                  (F) advocate for policies that promote the 
                security and resilience to cybersecurity 
                incidents of communications networks while 
                fostering innovation, including policies that 
                promote secure communications network supply 
                chains;
                  (G) at the direction of the Assistant 
                Secretary, present security of the digital 
                economy and infrastructure and cybersecurity 
                policy efforts before the Commission, Congress, 
                and elsewhere;
                  (H) provide advice and assistance to the 
                Assistant Secretary in carrying out the policy 
                responsibilities of the NTIA with respect to 
                cybersecurity policy matters, including the 
                evaluation of the impact of cybersecurity 
                matters pending before the Commission, other 
                Federal agencies, and Congress;
                  (I) in addition to the duties described in 
                subparagraph (H), perform such other duties 
                regarding the policy responsibilities of the 
                NTIA with respect to cybersecurity policy 
                matters as the Assistant Secretary considers 
                appropriate;
                  (J) develop policies to accelerate innovation 
                and commercialization with respect to advances 
                in technological understanding of 
                communications technologies;
                  (K) identify barriers to trust, security, 
                innovation, and commercialization with respect 
                to communications technologies, including 
                access to capital and other resources, and ways 
                to overcome such barriers;
                  (L) provide public access to relevant data, 
                research, and technical assistance on 
                innovation and commercialization with respect 
                to communications technologies, consistent with 
                the protection of classified information;
                  (M) strengthen collaboration on and 
                coordination of policies relating to innovation 
                and commercialization with respect to 
                communications technologies, including policies 
                focused on the needs of small businesses and 
                rural communities--
                          (i) within the Department of 
                        Commerce;
                          (ii) between the Department of 
                        Commerce and State government agencies, 
                        as appropriate; and
                          (iii) between the Department of 
                        Commerce and the Commission or any 
                        other Federal agency the Assistant 
                        Secretary determines to be necessary; 
                        and
                  (N) solicit and consider feedback from small 
                and rural communications service providers, as 
                appropriate.

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